AI Overview...
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Section 311 Cr.P.C - Power to summon or recall witnesses
Main points: Section 311 of the Criminal Procedure Code (Cr.P.C) grants discretionary authority to courts to summon or recall witnesses at any stage of inquiry, trial, or other proceedings to uncover the truth. It is a procedural tool aimed at ensuring a just decision by enabling courts to gather necessary evidence. Several cases, including Manju Devi v. State of Rajasthan (2019) 6 SCC 203, emphasize that this section strengthens the court's ability to facilitate the truth-seeking process Magnum Resources Pvt. Ltd. VS India Sewing Machine Company - Delhi, Ajay Pratap Singh Alias Ajai Sipahi vs State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko - Allahabad. -
Application and Judicial Discretion
Main points: The section is permissive, allowing courts to exercise their discretion judiciously. Its application can be at any stage of proceedings, including late stages, provided it serves the interest of justice. Courts have rejected or allowed applications under Section 311 based on the context, such as the need for additional evidence or witnesses, and considerations of delay or prejudice Pradeep Dutta VS State (NCT Of Delhi) - Delhi, Om Prakash Prasad VS State of Jharkhand - Jharkhand, Tauhid Ansari VS State of Jharkhand - Jharkhand. -
Judicial Interpretation and Principles
Main points: The Supreme Court and other courts have clarified that Section 311 is a vital procedural provision that aids in the pursuit of truth without undermining fairness. Its invocation should be in consonance with justice, and courts are cautioned to avoid unnecessary delays. The power is to be exercised with caution, especially at advanced stages of trial Jayanta Singha Roy VS State Of West Bengal - Calcutta, Gongotri Heights Developers Pvt. Ltd. VS Sasanka Sekhar Mohapatra - Orissa, Biresh Barman VS State of Meghalaya - Meghalaya. -
Limitations and Conditions
Main points: While the provision is broad, courts consider factors like prejudice, delay, and the stage of trial when granting or rejecting applications. Repeated or late applications are scrutinized to prevent abuse of process. The courts have also discussed the importance of balancing the interests of justice with procedural fairness Prem Lal VS Mohinder - Himachal Pradesh.
Analysis and Conclusion:
Section 311 Cr.P.C is a crucial procedural tool that empowers courts to summon or recall witnesses to facilitate a fair trial and uncover the truth. Its discretionary nature allows flexibility, but courts must exercise this power judiciously, considering the timing, relevance, and potential prejudice. The case of Manju Devi (2019) SCC 203 exemplifies the courts' recognition of Section 311's significance in ensuring justice, emphasizing that it strengthens the court's capacity to administer truthfully and fairly. Overall, Section 311 is instrumental in the criminal justice process, provided its application aligns with principles of fairness and justice Magnum Resources Pvt. Ltd. VS India Sewing Machine Company - Delhi, Ajay Pratap Singh Alias Ajai Sipahi vs State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko - Allahabad, Jayanta Singha Roy VS State Of West Bengal - Calcutta.
References:
- Manju Devi v. State of Rajasthan, (2019) 6 SCC 203
- Ratanlal v. Prahlad Jat, (2017) 9 SCC 340
- Niranjan Kumar Ors: (2021) 3 SCC 661
Search Results for "Criminal Procedure Code s 311 Manju Devi"
2024 0 Supreme(Del) 572 • India - Delhi
MANOJ KUMAR OHRI
Section 311 Cr.P.C - Power of Court to summon witnesses - Manju Devi v. ... During the trial, the respondents sought to summon additional witnesses under Section 311 Cr.P.C. ... Issues: The main issue was the allowance of the application under Section 311 Cr.P.C to summon additional ... [Manju Devi v. State of Rajasthan, (2019) 6 SCC 203] 4.In Ratanlal v. Prahlad Jat, (2017) 9 SCC 340, the Supreme Court has observ....
2025 0 Supreme(All) 3108 • India - IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
AJAY BHANOT
Cr.P.C., the Supreme Court in Manju Devi (supra) noticed the following facts: “11. ... Section 311 CrPC is one of many such provisions which strengthen the arms of a court in its effort to unearth the truth by procedure sanctioned by law. ... The first part of this section which is permissive gives purely discretionary authority to the criminal court and enables it at any stage of inquiry, trial or other proceedings under the Code to act in one of th....
2022 0 Supreme(Cal) 569 • India - Calcutta
BIBEK CHAUDHURI
of the Cr.P.C - 117 dated 4th March, 2022 - Manju Devi vs. ... Section 311 - Criminal Procedure Code - 147/148/149/342/448/325/300 of the Indian Penal Code - 148/149/448/302 of the IPC - 311 ... Ratio Decidendi: The court's decision was influenced by the interpretation of Section 311 of the Cr.P.C, which allows the ... Section 311 CrPC is one of many such provisions which strengthen the arms of a court in its effo....
2022 0 Supreme(Del) 970 • India - Delhi
PRATEEK JALAN
Section 311 - Criminal Procedure - 482 - The judgment discusses the application of Section 311 of the CrPC in allowing the summoning ... of his application under Section 311 of the CrPC for summoning additional witnesses in a criminal case arising from an incident ... Issues: The issues involved the maintainability of the application under Section 311 of the CrPC, the delay in filing the ... More recently, the Sup....
2021 0 Supreme(Jhk) 354 • India - Jharkhand
SANJAY KUMAR DWIVEDI
Criminal Procedure Code,1973 – Sections 311, - Indian Penal Code,1860 – Sections 376 – Power to summon material ... with or examine person present – Punishment for rape - He submits that petition was under section 311 Cr.P.C. with prayer for call ... filed under section 311 of Cr.P.C. has been rejected by concerned Court – Held, Petitioner has already cross-examined both witnesses ... He submits that at this stage, the Court is empowered to allow the petition under section 31....
2022 0 Supreme(P&H) 555 • India - Punjab and Haryana
VINOD S. BHARDWAJ
Section 311 CrPC - Quashing of Order - Indian Penal Code, 1860 - [FRAUDULENT TRANSACTION, QUASHING OF ORDER, CRIMINAL PROCEDURE ... The petitioner then submitted an application under Section 311 CrPC for recalling and re-examining witnesses, which was dismissed ... CODE, INDIAN PENAL CODE] - The court discussed the provisions of Section 311 and 325 of the Criminal Procedure Code and their interpretation ... The Hon'ble Supreme Court refers to the principles relating t....
2019 0 Supreme(Ori) 429 • India - Orissa
A.K.MISHRA
State of West Bengal and another, (2014) AIR SC 2950 - Manju Devi vrs. ... Recall of Witness - Negotiable Instruments Act - Section 138 - Cr.P.C. Section 311 - Mannan Sk and others vrs. ... The State of Rajasthan, (2019) 6 SCC 203 - The court discussed the provisions of Cr.P.C. ... Section 311 of the Code is one of many such provisions of the Code which strengthen the arms of a court in its effort to ferret out the truth by procedure#HL_END....
2021 0 Supreme(Jhk) 753 • India - Jharkhand
SANJAY KUMAR DWIVEDI
. but in view of provisions of Section 311 of the Cr.P.C. even at the fag end of trial an application under Section 311 of Cr.P.C ... Criminal Procedure Code,1973 - Sections 311, 313 , 258 , 173 , 190(1)(b) and 207 - Indian Penal Code,1860 ... Petitioners challenged the said order on ground that at the fag end of trial all of a sudden this petition was filed under section 311 ... A reference may be made to the case of “Manju Devi v.....
2022 0 Supreme(Megh) 319 • India - Meghalaya
W. DIENGDOH
(A) The Protection of Children from Sexual Offences Act, 2012 - Section 9(n) - Code of Criminal Procedure, 1973 - Section 311 - The ... ... ... (B) The essence of Section 311 Cr.P.C is to allow the court to summon or recall witnesses for a just decision; this power ... Cr.P.C. ... Leading this Court to the case of Manju Devi v. ... Niranjan Kumar Ors: (2021) 3 SCC 661 paragraphs 16 and 21 was cited by the learned GA to submit that here too, the Hon'ble Supreme Court....
2019 0 Supreme(HP) 363 • India - Himachal Pradesh
TARLOK SINGH CHAUHAN
Negotiable Instruments Act - Dishonor of Cheque - Section 138 - Section 311 of the Criminal Procedure Code - 138 - 311 Fact ... Ratio Decidendi: The court held that the power under Section 311 of the Criminal Procedure Code should be invoked only to ... The trial court acquitted the respondent, and the appellant filed an appeal along with an application under Section 311 of the Criminal ... The scope of Section 311 of the Criminal Procedur....
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